07-219 Resolution No. 07-219
RESOLUTION
AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
WITH THE HISPANIC HERITAGE COALITION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock, Mayor, and Diane Robertson, City Clerk,be and are hereby authorized and directed to
execute a Special Event Co-Sponsorship Agreement with the Hispanic Heritage Coalition on behalf
of the City of Elgin for activities related to Fiesta Salsa in connection with the Hispanic Heritage
Coalition, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: August 22, 2007
Adopted: August 22, 2007
Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
THIS AGREEMENT made and entered into this QC)?i)d day of August 2007, by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the
"City") and the Hispanic Heritage Coalition, an Illinois not-for-profit corporation (hereinafter
referred to as "HHC");
WITNESSETH
WHEREAS, the HHC operates the Hispanic Heritage Coalition, of P.O. Box 1432, Elgin,
Kane County, Illinois; and
WHEREAS, the HHC has proposed an event in the form of a festival called Fiesta Salsa for
September 15, 2007; and
WHEREAS, HHC's Fiesta Salsa will be held at Festival Park on Saturday, September 15,
2007 in Elgin, Illinois (hereinafter referred to as the "Subject Special Events"); and
WHEREAS, Elgin Municipal Code Chapter 13.25 provides for the co-sponsorship of special
events between the City and certain organizations, as set forth in the City of Elgin Special Event
Co-Sponsorship Guide; and
WHEREAS, HHC meets the criteria established by the Elgin Municipal Code for eligibility
for co-sponsorship of special events; and
WHEREAS, HHC has requested that the City co-sponsor the Subject Special Events; and
WHEREAS, the City has determined that the Subject Special Events will attract additional
interest in the center city area and will assist in promoting further redevelopment of the center
city area; and
WHEREAS, the City's City Council has further determined that it is in the best interests of
the City to co-sponsor the Subject Special Events with the HHC in accordance with the terms
and conditions of this Co-sponsorship Agreement; and
WHEREAS, the City is a home rule municipality as defined in Article VII Section 6a of the
1970 Constitution of the State of Illinois; and
Co-Sponsorship Agreement with the Hispanic Heritage Coalition
August 3, 2007
Page 2
WHEREAS, a home rule unit may exercise any power and perform any function pertaining
to its government and affairs; and
WHEREAS, the co-sponsorship of the Subject Special Events and promoting the further
interest in redevelopment of the City's center city area pertains to the government and affairs of
the City.
NOW, THEREFORE, for and in consideration of the mutual promises and undertakings
contained in this Agreement, and for other good and valuable consideration, the sufficiency of
which is hereby mutually acknowledged, the parties hereto agree as follows:
1. The foregoing recitals are hereby incorporated into this agreement in their entirety.
2. The City and the HHC hereby agree to co-sponsor the Subject Special Events on
September 15, 2007. The Subject Special Events will be located at Festival Park. Hours
for Fiesta Salsa shall be from 11:00 a.m. to 11:00 p.m.
3. HHC shall apply for and obtain a special event permit as provided for under Elgin
Municipal Code Chapter 13.25. The City Manager shall provide all necessary signatures
on the special event application to evidence the City's co-sponsorship of the Subject
Special Events. Notwithstanding the City's co-sponsorship of the Subject Special Events,
the parties hereto understand and agree that the HHC shall be solely responsible for
conducting the Subject Special Events and for all costs associated with the Subject
Special Events including but not limited to the fees and costs identified in Elgin
Municipal Code Chapter 13.25 entitled "Special Events in Public Places".
4. HHC shall be strictly liable for the acts of its volunteers, officers and employees and
HHC to the fullest extent permitted by law shall indemnify, defend, and hold harmless
the City, its officers, employees, agents, boards and commissions from and against any
and all claims, suits,judgments, costs, attorney's fees, damages or other relief arising out
Co-Sponsorship Agreement with the Hispanic Heritage Coalition
August 3, 2007
Page 3
of or in any way connected with the Subject Special Events or any acts or omissions of
the HHC, its agents, volunteers or employees. Nothing herein shall diminish or obviate
the HHC duty to defend the City. In the event of any action against the City or its
officers, employees, agents, boards or commissions covered by the foregoing duty to
indemnify, defend and hold harmless such action shall be defended by legal counsel of
the City's choosing. The provisions of this paragraph shall survive any termination and/or
expiration of this Agreement.
5. HHC shall also provide, without cost to the City, the insurance required pursuant to Elgin
Municipal Code Section 13.25.070 naming the City as a primary, non-contributory
coinsured with limits of not less than $1,000,000 combined single limit per occurrence
for bodily injury and property damage with a general aggregate limit of not less than
$2,000,000. This insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the City. There shall be no endorsement
or modification of this insurance to make it excess over other available insurance,
alternatively, if the insurance states that it is excess or pro rata, it shall be endorsed to be
primary with respect to the City. The certificate of insurance shall provide that the
insurance shall not be terminated or renewed for any reason without thirty (30) days
advance written notice to the City.
6. In consideration of the HHC being solely responsible for conducting the Subject Special
Events and for all costs associated with the Subject Special Events as provided herein, the
parties understand and agree that the HHC shall be entitled to retain any income received
from the Subject Special Events.
7. In conjunction with the Subject Special Events permit application the HHC shall submit
to the City a security plan to be approved by the City's Chief of Police with an
Co-Sponsorship Agreement with the Hispanic Heritage Coalition
August 3, 2007
Page 4
acknowledgment that any changes to the security plan must be submitted to the Chief of
Police in writing five (5) business days before the event. Such security plan shall include
a system of badges, plastic bracelets or other such approved device so as to identify
persons 21 years of age or older authorized to purchase and consume alcohol. City shall
provide for the payment of one hundred percent (100%) of the cost as determined by the
City of the direct and reasonable costs incurred to provide police services for the Subject
Special Events; provided, however, that the total cost contributed by the City shall not
exceed $4,536. The number of police officers and the duration of the special police detail
for the special event shall be determined by the City's Chief of Police. Such security plan
shall also include the HHC providing at its sole cost between 2 to 3 additional private
security staff at the Subject Special Events during the hours of 11:00 a.m. to 11:00 p.m.
on Saturday, September 15, 2007.
8. HHC at its sole cost shall publicize the location of all major parking areas in all of its
advertisements, flyers and posters regarding the Subject Special Events.
9. HHC at its sole cost shall apply for and obtain a Class I liquor license. The City
Manager shall provide all necessary signatures on such liquor license application to
evidence the City's co-sponsorship of the liquor license. HHC shall be the vendor under
such Class I license which shall actually conduct and be responsible for all liquor sales.
HHC shall also provide, without cost to the City, the dram shop insurance required
pursuant to Elgin Municipal Code Section 13.25.080 naming the City as a coinsured with
limits of not less that $1,000,000 with such proof of insurance stating that it shall not be
terminated or suspended without at least thirty (30) days prior written notice to the City.
All alcohol sales must end at 11:00 p.m. on Saturday, September 15, 2007.
Co-Sponsorship Agreement with the Hispanic Heritage Coalition
August 3, 2007
Page 5
10. HHC at its sole cost shall apply for and obtain all necessary permits. Any entertainment
and use of amplifiers shall be in compliance with all applicable laws and regulations, and
shall end at 11:00 p.m. on Saturday, September 15, 2007.
11. City shall be responsible for providing 15 port-o-lets, 2 30-yard dumpsters, 10 hand
washing units, 30 garbage bins, and 2 boxes of bag liners, the total cost contributed by
the City not to exceed $4,697. The HHC shall be responsible for all other sanitary
facilities, necessary electrical power and litter facilities, litter control and clean-up.
12. The City shall cover costs to provide parks staff for clean-up before and after the event on
Festival Park. The costs for the parks department service for the City of Elgin will not
exceed $1,200.
13. The City shall cover costs to provide public works staff for barricade set-up and street
sweeping for the parade. The costs for the public works department service for the City of
Elgin will not exceed $1,512
14. The City shall cover costs to provide Fire Department staff for fire resistance certification
(inspection) for this event. The costs for the Fire Department inspection for the City of
Elgin will not exceed $110.
15. The City's total costs for the Subject Special Events shall not exceed $11,141.00, which
shall be applied solely as set forth in this Agreement. In the event that the City incurs
costs in excess of any of the amounts set forth in this Agreement, HHC shall pay such
excess costs to the City upon thirty(30)days written demand.
16. The parties may not assign, transfer, delegate or offer for resale any of the rights or
obligations set forth in this agreement without the written consent of the other party.
•
Co-Sponsorship Agreement with the Hispanic Heritage Coalition
August 3, 2007
Page 6
17. In no event shall the City be liable for monetary damages, including, but not limited to,
compensatory, consequential or incidental damages or attorney's fees, arising from or in
any way related to any breach or other violation of the terms of this agreement.
18. No official, director, officer, agent or employee of City shall be charged personally or
held contractually liable under any term or provision of this Agreement because of their
execution, approval or attempted execution of this Agreement.
19. Nothing contained in this Agreement shall be construed to relieve the HHC, its officers,
agents or employees, as well as any other participants in the Subject Special Events from
complying with all applicable laws and regulations of the City, State and the United
States, including but not limited to obtaining any other permits or approvals as required
by law.
20. This Agreement shall not be deemed or construed to create any employment, joint
venture,partnership or other agency relationship between the parties hereto.
21. This agreement shall be subject to and governed by the laws of the State of Illinois.
Venue for the resolution of any disputes with the enforcement of any rights arising out of
or in connection with this agreement shall be in the Circuit Court of Kane County,
Illinois.
22. The terms of this agreement shall be severable. If any of the terms or provisions of this
agreement are deemed to be void or otherwise unenforceable for any reason, the
remainder of this agreement shall remain in full force and effect.
23. This agreement is the sole agreement between the parties hereto regarding Subject
Special Events. There are no other agreements, either implied or verbal, between the
parties hereto regarding Subject Special Events. This agreement shall not be modified or
amended without the written agreement between the parties hereto.
Co-Sponsorship Agreement with the Hispanic Heritage Coalition
August 3, 2007
Page 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first written above.
CITY OF ELGIN HISPANIC HERITAGE COALITION
1
By By ///
Ed Schock, Mayor Its C hei//— ,� 152/
Attest: Attest:
City Clerk